If you get into a motorcycle crash due to the negligence of another motorist, the consequences may be life-disrupting. After a serious motorcycle crash, you could end up with injuries that may take months or years to heal, and you might no longer be able to fend for yourself during recovery.
In Georgia, you have a right to seek compensation after a motorbike accident caused by another driver. At H Groves Law, we have experienced car accident attorneys who specialize in helping motorcycle accident victims in Gainesville, GA, and the surrounding areas get the compensation they deserve.
Call our law firm today at (770) 329-1868 to speak to our skilled Gainesville motorcycle accident lawyers, who’ll assist you throughout your claims process. We will offer you sound legal counsel and answer any questions you may have. Get started now to schedule your free consultation.
How Can a Motorcycle Accident Lawyer Help With My Compensation Claim?
Our motorcycle accident attorneys in Gainesville will advise you on your case and provide excellent legal representation throughout the claims process. Here are ways our reputable personal injury law firm can help you.
Gathering Evidence for Your Case
You will need robust evidence supporting your motorcycle accident claim for you to receive a significant settlement. Our attorneys will use their extensive skills and resources to investigate your motorcycle crash and uncover relevant evidence.
Gathering more evidence for your case may entail:
- Collecting information from police reports
- Accident reconstruction with the help of accident experts
- Interviewing witnesses and obtaining their statements
- Securing video evidence from the scene of the accident
Taking Care of Paperwork
Our leading motorcycle accident attorneys will also collect and compile all the necessary documentation needed to file a claim. The documentation will include the accident report, your medical report of injuries sustained, receipts for your expenses, and more. Our lawyers will complete all the required paperwork for your claim ahead of deadlines.
Handling Negotiations With the Insurer
Our Gainesville motorcycle accident lawyers have vast experience handling negotiations with insurance companies. We are familiar with the strategies the insurance companies can use to try and deny or minimize your compensation and will fight for the full amount you deserve.
Taking the Case to Court
Insurance providers are for-profit enterprises and may refuse to offer you fair compensation to protect their bottom line. If our lawyers establish that the insurance adjusters aren’t willing to provide you with the settlement you deserve during negotiations, we will take your claim to court.
Once the matter goes to trial, our attorneys will argue your case to convince the judge and jury that you deserve fair compensation.
What Are the Most Common Causes of Motorcycle Accidents?
Many motorbike collisions in Gainesville, GA, are avoidable. There’s a wide range of reasons why motorcycle accidents occur. The following are some of the most common causes.
Distracted driving involves a driver failing to concentrate on the road because their eyes or mind is distracted by something else. Driver distractions include calling or texting while driving, eating, grooming, and talking to passengers.
Failure to Pay Attention to Motorcycles
Most drivers only look out for other cars while on the road and never consider that motorcyclists might also be using Georgia roads. They often fail to check for motorcycles when braking, overtaking, parking, or navigating corners, risking catastrophic motorbike crashes.
Drunk Driving or Drugged Driving
Alcohol and other drugs typically impair a person’s judgment and slow their response to situations. Impaired judgment and slow reaction effects are magnified when a driver is on the road while drunk or drugged. Drunk and drugged drivers often cause motorbike accidents.
Faulty Mirrors, Brakes, or Lighting
Design and manufacturing errors that lead to your motorbike having defective mirrors, brakes, or lighting significantly increase your chances of ending up in a motorcycle collision. Faulty brakes on your motorbike or another automobile may force a driver or rider to lose control, causing a severe collision.
Most motorbike crashes resulting from defective parts cause severe injuries and even death. Investigations by our reputable Gainesville motorcycle accident lawyers can help unearth design and manufacturer errors that may have contributed to your motorbike accident.
Unexpected Pedestrians on the Road
Pedestrians can also be a massive hazard to motorcyclists. Some pedestrians like to cross roads at undesignated places and can be struck by a motorcyclist, leading to severe injuries for both parties.
Motorcycle Accident Statistics in Georgia
The National Highway Traffic Safety Administration (NTHSA) recently published a report detailing motorcycle accidents nationally and state by state. The report points out that 5,579 motorcyclists perished on U.S. roads in 2020.
The figure makes up 14% of the total traffic fatalities in 2020 and an 11% increase from the motorcyclist fatalities in 2019. It also marks the highest number of motorcyclists killed in traffic accidents since 1975.
In Georgia, 192 motorcyclists died in traffic accidents in 2020, up from the 154 motorcyclists who died in 2018. Roughly 25% of motorcyclists who died in traffic accidents were between 20 and 29 years old.
What Are the Motorcycle-Specific Laws in Georgia?
Georgia state law mandates that each motorcycle rider has a responsibility to abide by the traffic laws and promote the safety of other road users. The state also has several motorcycle-specific laws that all motorcyclists are expected to follow, including:
- Motorcyclists in the state are allowed to occupy an entire lane while on the road, but no two motorcyclists can ride side by side on a single lane.
- Motorcyclists and their passengers must wear helmets while riding. The helmets must adhere to the Georgia Department of Transportation standards.
- Motorbike riders should not operate the motorbike while carrying anything that curtails their ability to hold the handlebars with both hands.
- Motorcycle riders can only carry passengers if their motorcycle was designed to carry more than one person and has a seat for the passenger.
- Motorcyclists traveling at speeds exceeding 75mph are considered “super speeders” and are to be fined $200.
- Motorcycle riders must wear eye protective gear at all times and must have a windshield installed on their motorbikes.
Regrettably, even the most cautious, law-abiding, and experienced motorcyclists are still vulnerable to traffic crashes with other road users. If you get into a motorcycle crash, call our Gainesville motorcycle accident lawyers to help you throughout your motorbike accident claim process.
What Are the Most Common Injuries Seen in Motorcycle Accidents?
Motorcyclists have very little protection compared to other road users in the event of accidents. This is why riders involved in traffic collisions often end up with severe and catastrophic injuries. The most common motorbike collision injuries include:
Most motorcycle riders end up with broken bones after accidents due to being toppled over or thrown onto the pavement. Broken bone injuries from a motorbike accident can range from broken arms, hips, wrists, and feet, with broken legs being the most prevalent injury.
Road rash occurs when a motorcyclist slides across the pavement during a collision. Road rash injuries can cause mild bruising and scrapes if the motorcyclist wears proper protective gear. The injuries may involve deep cuts, muscle damage, and even nerve damage if the rider isn’t wearing appropriate protective gear.
Head and Brain Injuries
Among the most severe motorbike accident injuries that a rider could end up with are head and brain injuries. These injuries typically bring life-changing consequences like chronic pain, dizziness, memory loss, fatigue, and mood swings. Head and brain injuries can also be fatal.
Spinal Cord Injuries
Motorbike accidents that involve a lot of force commonly cause spinal cord injuries. These injuries are severe as the victims often cannot do their everyday tasks. Treatment for spinal cord injuries typically involves long-term healthcare and rehabilitation.
At H Groves Law, our motorcycle wreck lawyers in Gainesville will fight to ensure you receive sufficient compensation to cover the long-term healthcare and rehabilitation you will need.
How Is Fault Determined in a Georgia Motorcycle Accident?
Georgia abides by the modified comparative negligence concept when determining fault in a motorcycle accident. To be eligible for compensation, your percentage of the blame must be less than 50%.
You (the plaintiff) and your lawyer are expected to prove negligence when determining fault. There are four key parameters for proving negligence.
- The defendant (at-fault party) had a duty of care towards you (the plaintiff) and other road users.
- The at-fault party breached (did not honor) their duty of care.
- The defendant’s choice to breach their duty of care resulted in your injuries.
- You sustained damages from the motorcycle accident, such as lost wages and property damage.
What Type of Compensation Can I Receive for My Motorcycle Accident?
Motorcycle crash victims may receive three primary forms of compensation in Georgia. They are:
Also known as special damages, these are losses whose monetary value can be calculated. These include:
- Lost earnings and loss of earning potential
- Past, current, and future medical bills
- Property damage, including motorcycle replacement and repair costs
Also known as general damages, these are losses whose monetary value is challenging to establish. General damages compensate for non-monetary damages like:
- Loss of consortium or companionship
- Physical scarring, disfigurement, or impairment
- Mental anguish and emotional distress
- Past and future pain and suffering
Punitive damages are rare as they are only awarded if the victim can prove that the defendant’s actions showed indifference to others’ wellbeing or malice. These damages discourage other road users from such acts in the future by punishing the defendant.
Georgia law puts a $250,000 cap on punitive damages, but this limit doesn’t apply if the defendant’s judgment was substantially impaired by alcohol or drugs.
Why Was My Motorcycle Accident Claim Denied?
If your motorbike accident resulted from the recklessness of the at-fault party, you likely expect the insurance provider to accept your claim and compensate you.
Unfortunately, a considerable number of motorcycle accident claims get denied. Insurance providers will come up with many excuses to explain why they reject your claim for fair compensation. Most of these excuses are nothing but “hot air” and wrong.
The most common excuses an insurance provider can give for denying your claim are:
- The policy lapsed or was canceled.
- The driver wasn’t insured under the supposed policy.
- They believe you were responsible for the accident.
- They don’t believe you suffered injuries or damages.
- They don’t think your injuries resulted from the accident.
Having our skilled motorcycle accident lawyers from Gainesville work on your accident claim significantly minimizes the possibility of your compensation claim being denied. Our legal team has dealt with many insurance providers and is aware of the excuses they might use to deny your accident claim.
Luckily, insurance carriers denying your claim doesn’t mean the end of your motorcycle accident case. Our lawyers can appeal the rejection if your claim was unfairly denied. We are ready to fight the insurance company in court if necessary.
Are There Time Limits to Filing a Claim in Georgia?
Georgia’s statute of limitations for submitting a motorbike accident case is two years. You must present your personal injury case within two years from the crash date for it to be valid. The deadline to file a wrongful death case is two years from the date of your loved one’s passing.
If you submit your case after the two-year deadline has lapsed, it will be considered invalid. Our lawyers will ensure that your compensation claim case is submitted on time.
Call Our Gainesville Motorcycle Accident Lawyers Today!
Have you or someone you care about been hurt in a motorcycle accident? Get in touch with H Groves Law for zero-risk legal representation for your motorbike wreck claim. Our legal team can help you recover compensation and get the justice you deserve.
Our law firm near Gainesville, Georgia takes cases on a contingency basis. You will only pay for our legal assistance if we win your case. Our motorbike crash attorneys have the expertise and experience to win you the compensation you deserve for your injuries and losses.
Call us at (770) 329-1868 to take advantage of our no-strings-attached free consultation. Get started now before it’s too late.